Tax Law (Questions About Taxes)/1099-MISC vs. W-2


I worked for a professional sports team. I earned commissions during the year for any sponsorship deals I made. The income from this is reported to me on a 1099-MISC, as though I was an independent contractor. However, it was my employer paying the commissions and I was considered an employee as I met all the usual tests. Should this income be reported on the 1099-MISC or should it have been included on my W-2?


Thanks for your question.

From your description, it sounds as if you should be classified as an employee, getting a W-2.  You can complete Form SS-8 and send it to the IRS for a determination by them.

Hope this helps.

John Stancil, CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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